Effective date: September 22, 2020
In this Agreement, these terms shall have the following meanings:
Agreement refers to this document.
Customer refers to an individual, person (both natural and legal), entity, firm, corporation or organization for whom business details were submitted online by the Customer and approved by Chiizu Inc. to provide the service.
Commencement date refers to the date on which Chiizu Inc. approves the Customer to undertake transactions on https://www.simplypay.app/ website.
Intellectual property refers to the property of Chiizu Inc. or of its parent, subsidiary or any other sister company, consisting of and including, but not limited to, inventions, registered and unregistered designs, copyright work, trademark and confidential information, including but not limited to the mobile app or web application.
KYC documents refer to documents required to establish the identity of the Customer, as prescribed by the regulatory authorities or Chiizu Inc.
Partner refers to banks, financial institutions and other service providers who are engaged with Chiizu Inc. to facilitate transaction processing or pay-out payments and receiving payments.
Payment refers to payments made and received by Chiizu Inc. or its Partners on behalf of the Customer.
Services refers to payment services offered by Chiizu Inc. through its web platform including sending payments, receiving payments, and currency conversion.
The Customer represent and warrant that the registration and account-related information provided is accurate and will be kept up to date. If any inaccurate information was provided at the time of the onboarding, either the Customer themselves or at the request of Chiizu Inc., the Customer agrees to provide Chiizu Inc. with any information which may be required under any applicable laws and regulations.
To activate Customer Account (Personal or Business), Chiizu Inc. will perform certain background verifications to comply with requirements imposed by Chiizu Inc.’s Anti-Money Laundering and Terrorist Financing (“AML/ATF”) program. The rules and regulations of Money Service Business (“MSB”), as they may be amended or replaced from time to time or other regulatory obligations, and to limit fraud and manage risk.
Such background verifications and due diligence checks may include but not limited to; anti-money laundering, credit file check, background check, physical visit to the Customer place of doing business, and more general Know Your Client (“KYC”) information. Chiizu Inc. may share any or all such information with third-party agencies or individuals for the sole response of verification of details. By completing the account sign-up process, you consent to Chiizu Inc.’s background verifications for the purposes described above.
The Customer acknowledges that Chiizu Inc. is a Money Service Business (“MSB”) and is subject to various laws and regulations, including those related to Anti-Money Laundering and Anti-Terrorist Financing (“AML/ATF”) in various jurisdictions. Chiizu Inc. has and will maintain records of the Customer, including but not limited to the Customer’s name, address, nature of the business, incorporation number, place of issue if an entity, or date of birth and occupation for a personal user.
The Customer agrees that it will notify Chiizu Inc. of any such change no later than sixty (60) days after the change has occurred. The Customers would not attempt to hide the real purpose of the transaction. Transactions undertaken on the Chiizu Inc. platform would be for declared purposes only. Nothing in this agreement would stop Chiizu Inc. from complying with its regulatory obligation.
Customer agrees to provide all the required documentation and to provide the correct and complete information before being given full access to the Chiizu Inc. platform. The Customer agrees to provide any additional documents as and when requested by Chiizu Inc.
Customers are required to provide bank account information that the Customer understands would be verified by Chiizu Inc. Customer may be requested to provide a void cheque or other verification method. The Customer agrees that they have no objections to Chiizu Inc. carrying out verification checks on the bank account details provided.
Chiizu Inc. may at its sole discretion accept or reject the Customer sign-up request. Chiizu Inc. may ask for additional “KYC” or other documents before accepting or rejecting the request.
Chiizu Inc. at its sole discretion will assign limits, such as the number of transactions in a day or month, the maximum value of each transaction. These limits will be revised from time to time.
The Customer represent and warrant that their Account is being and will only be used by one natural person. If the Customer establishes an Account for their own use, they will not share their Account or its credentials with any other person. Additional Chiizu Inc. accounts are available for other members of your organization. Customers alone are responsible for all activity that occurs in Chiizu Inc. through their Account. Customers understand and agree that Chiizu Inc. may undertake due diligence checks including credit file checks and that these checks may be repeated from time to time.
Chiizu Inc. will consider any access to the platform using the Customer’s Account to be duly authorized by the Customer. All instructions and information communicated to Chiizu Inc. through Customer’s Account or on their behalf by agents or representatives will be binding on the Customer. Individuals who are authorized to issue instructions in connection with a Bank Account may authorize the connection of one or more Accounts to that Bank Account. Chiizu Inc. is not required to verify the bona fides of transactions or the actual identity of users. Except as otherwise agreed to in writing by Chiizu Inc., Chiizu Inc. has no obligation to verify any information that you provide or that is provided on your behalf and Chiizu Inc. is entitled to rely upon such information. If the Customer wishes to revoke the authority for any person to use an Account in connection with a particular Bank Account, the Customer must notify Chiizu Inc. either through the Chiizu Inc. platform or by contacting us through our support channels, available through https://www.simplypay.app/
Customer agrees to take all necessary steps to preserve the confidentiality of, and to prevent the fraudulent or other misuses of, all passwords, and identification used in connection with Chiizu Inc. and to diligently supervise and monitor the conduct and work of all representatives and employees having any involvement in instructions to or other communications with Chiizu Inc. The Customer agrees to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security related to Chiizu Inc. or your Account and provide all reasonable assistance necessary for Chiizu Inc. to investigate and correct the problem if one exists.
Fees are non-refundable. Chiizu Inc. may change the Fees from time-to-time and the then-current Fees will be communicated to you through the Chiizu Inc. platform or directly in writing. Customers continued use of the Chiizu Inc. platform after the Fees have been changed constitutes your acceptance to such changed Fees. For clarity, the Customer’s subscription to the Chiizu Inc. platform will automatically renew at its expiry for the same period as the initial subscription and at the then-current Fees.
If the Customer believes Chiizu Inc. has charged them incorrectly, the Customer must contact Chiizu Inc. no later than 45 days after having been charged Chiizu Inc. or receiving any invoice in which the error or problem appeared in order to request an adjustment or credit. In the event of a dispute, the Customer will pay any undisputed Fees and the Parties will discuss the disputed amounts in good faith to resolve the dispute.
In the event that any Transfer Amount is unsuccessfully debited from the Customer’s Bank Account or, in the case of a payment request, from the recipient’s bank account, charged back or otherwise not paid to us, you agree to immediately reimburse Chiizu Inc. for any fees or other amounts charged to Chiizu Inc. by its financial institution as a result of the unsuccessful debit of your Bank Account or the recipient’s bank account under the Customer or the recipient’s instructions, and to pay Chiizu Inc. an additional fee of $30.
Payment for the Pay As You Go Plan fees will be debited directly from the Customer’s Bank Account. Payments for the Monthly and Annual Plans will be either debited from Customer’s Bank Account or charged by Credit Card Payment.
Customer may use bank account(s) as their Payment Method (Electronic Funds Transfer “EFT”), the Customer hereby authorizes Chiizu Inc. to debit their banking details via the “EFT” system while this authorization remains in effect. If the Customer choose to use the ACH Payment Method, a manual verification process may include debiting a small amount from their bank account(s), then immediately crediting the same amount back to their bank account and the Customer verify the amount debited to confirm your bank account(s).
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms and conditions, as we may update them from time to time, or as otherwise provided by Chiizu Inc. in writing. Chiizu Inc. may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Customer may cancel their Chiizu Inc. account at any time; there are no refunds for cancellation. If Chiizu Inc. suspends or terminates Customer’s account or this Agreement, Customer understand and agree that you shall receive no refund or exchange for any unused time on a subscription or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Customer agree to pay taxes, if any, on the service provided by Chiizu Inc.
Neither Chiizu Inc. nor the Banks have any control over the products or services that are paid for using the Services and Chiizu Inc. nor the Banks can ensure that a Recipient you are dealing with will actually complete the transaction or is authorized to do so. Chiizu Inc. does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Chiizu Inc. will make reasonable efforts to ensure that requests for electronic debits and credits involving credit cards are processed promptly but Chiizu Inc. makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to the Customer.
All Beneficiaries details provided (either by the Customer or as received from beneficiary on the advice of Customer) are a genuine person (Natural or legal). The Customer agrees not to undertake any illicit transaction on the platform and undertakes that the transactions provided on the platform are their own transactions and not those of a third party.
Any Customer who has requirements to send or receive payments for personal or business purposes may use this platform and its services, barring those engaged in services mentioned in the prohibited list as defined in this Agreement.
Individual or natural persons who wish to undertake transactions on Chiizu Inc. platform should be above the legal age.
"Simplypay" is a trademark of Chiizu Inc. Trademarks and logos displayed on the platform are registered and unregistered trademarks of Chiizu Inc., its licensors or content providers, or other third parties. The copyright to the platform, the design and appearance of the platform, and all the information and content on the platform are owned by or licensed to Chiizu Inc. These materials are protected by law against unauthorized copying and reproduction. No content on the platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or logo displayed on the Chiizu Inc. platform without the owner's prior written permission. Chiizu Inc. reserves all rights not expressly granted in and to the platform and its content.
Another service and product mark that appears on the platform is the trademarks of their respective owners. Neither the information available through the platform nor the display of any trademarks on the platform implies that a license has been granted for any further use.
Any unauthorized copying, redistribution, reproduction or modification of the contents of the platform by any person or an entity may be a violation of federal or common law, trademark and/or copyright laws and could subject such person to legal action.
IN NO EVENT SHALL CHIIZU INC., AND ITS AFFILIATES (AND THOSE THAT CHIIZY INC. WORKS WITH TO PROVIDE THE SERVICES) (COLLECTIVELY, “CHIIZU INC. PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL LIABILITY OF THE CHIIZU INC. PARTIES (IN AGGREGATE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED IN THE SIX (6) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION AROSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such a case, the liability of the Chiizu Inc. Parties shall be limited to the greatest extent permitted under applicable law.
The Customer agrees to indemnify, defend, and hold harmless Chiizu Inc., its affiliates, and their respective directors, officers, employees, and agents from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of this Agreement; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) your gross negligence or willful misconduct; and (f) any other party’s access to and/or use of the Services using your account and password.
Customer agrees not to use the Services for any of the following Restricted Activities:
I. For unsupported transfers, including sending money
II. For unsupported goods and services, including
III. For uses not supported by specific Payment Methods, as stated in this article
IV. In violation or potential violation of applicable law, regulation, rule, or legal interest, including,
V. In a manner detrimental to our provision of the Services, including
If the Customer has a payment use case that is not explicitly mentioned above, and for which they would like to confirm support, please check with Chiizu’s Inc. support team by emailing firstname.lastname@example.org
Chiizu Inc., in its sole discretion, reserves the right to suspend or terminate this Agreement or suspend, terminate, or limit your access to, or use of, Customer’s Account or some or all of the Services at any time upon notice to you. Please note that Chiizu Inc. reserves the right to terminate the Services at any time. Chiizu Inc. will try to notify you in advance but is not obliged to do so.
The Customer may request the closure of their Account at any time via your Account Settings. Chiizu Inc. also reserves the right to close the Customer’s Account at any time with or without notice to you for any reason (including failure to pay Fees or inactivity). Accounts that have had no activity for a period of at least one year, will be deactivated and may need to undergo an onboarding process again to reactivate the account.
The Customer may not close your Account to evade an investigation. Any payments processed before Account closure will be completed by the Services, except those that may be cancelled following a payment review. All scheduled payments for which Customer have not yet been debited at the time of Account closure will be considered cancelled.
If you have any questions about these Terms and Conditions, please contact us:
a) By phone: 236-558-5550
b) By mail: 170-422 Richards Street, Vancouver, B.C. V6B 2Z4